PC RES 2013-007 P.C. RESOLUTION NO. 2013-07
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES CONDITIONALLY
APPROVING A HEIGHT VARIATION, GRADING PERMIT
AND SITE PLAN REVIEW TO ALLOW THE DEMOLITION OF
AN EXISTING RESIDENCE AND THE CONSTRUCTION OF
A NEW 4,750 SQUARE FOOT, TWO-STORY RESIDENCE,
401 CUBIC YARDS OF GRADING AND TWO (2) NEW 42"
TALL RETAINING WALLS ALONG THE SIDE PROPERTY
LINES LOCATED AT 5345 BAYRIDGE ROAD (CASE NO
ZON2012-00172).
WHEREAS, on May 30, 2012,the property owners, Mr. and Mrs. Shiang,submitted
applications for Planning Case No.ZON2012-00172 for a Height Variation, Grading Permit
and Site Plan Review to demolish the existing residence and construct a new two-story
residence; and,
WHEREAS, on June 29, 2012, Staff completed the initial review of the application,
at which time the application was deemed incomplete for processing. The applicant
submitted revisions on multiple occasions; and,
WHEREAS, on January 10, 2013, the application for Planning Case
No. ZON2012-00172 was deemed complete by Staff; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 21000 et. seq. ("CEQA"), the State's CEQA Guidelines,
California Code of Regulations, Title 14, Section 15000 et. seq., the City's Local CEQA
Guidelines, and Government Code Section 65962.5(f)(Hazardous Waste and Substances
Statement), Staff found no evidence that the approval of the requested applications would
have a significant effect on the environment and, therefore,the proposed project has been
found to be categorically exempt (Section 15303(a)); and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos
Verdes Development Code, the Planning Commission held a duly-noticed public hearing
on February 26, 2013, at which time all interested parties were given an opportunity to be
heard and present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND,
DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: With respect to the application for a Height Variation to allow the
construction of a new second story addition:
A. The applicant has complied with the Early Neighbor Consultation process
established by obtaining 8 signatures from the properties within 100 feet(80%)and
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27 signatures from the property owners within 500 feet (39%) of the subject
property.
B. The Height Variation is warranted since the proposed two-story addition that
exceeds sixteen feet in height does not significantly impair a view from public
property (parks, major thoroughfares, bike ways, walkways or equestrian trails),
which has been identified in the City's General Plan or Coastal Specific Plan, as
City-designated viewing areas. Specifically, due to the location of the property and
the topography in the immediate area, the proposed structure is not visible from a
public viewing area or viewing site and will therefore, not impair a view.
C. The Height Variation is warranted since the proposed two-story addition that
exceeds sixteen feet in height is not located on a ridge or promontory. The subject
property is located within a fully developed single-family residential neighborhood,
on an existing pad lot. The residence is not located on a ridge or a promontory, as
defined in the Municipal Code.
D. The Height Variation is warranted because the proposed new addition that is above
sixteen feet in height, when considered exclusive of existing foliage, does not
significantly impair a view from the viewing area of another parcel. Specifically,
most of the residences along the south side of Bayridge Road do not have
expansive views of the Los Angeles Basin or distant mountain views. Although it
was determined that the property owners of 5348 Bayridge Road have a view of
distant mountains from their viewing area (living room), based on the silhouette
markings, the view of the mountains where the proposed structure is located would
be completely obstructed by a"by-right" 16'-O"tall residence, as measured from the
highest existing grade on the pad. As such, the portions of the proposed project
which exceed the 16'-0" "by-right" height limit would not obstruct any protected
views from the viewing area of 5348 Bayridge Road. A view analysis was also
conducted at 26333 Silver Spur and 26220 Birchfield, whereby it was determined
that the proposed project does not significantly impair views of the Los Angeles
Basin city lights and mountains from these two properties. Although a small portion
of their expansive view will be blocked by a portion of the proposed residence over
16'-0", the impairment will obstruct less than 5% of their entire protected view and
not considered significant impairment.
E. The Height Variation is warranted because the proposed new structure that is above
sixteen feet in height is designed and situated in such a manner as to reasonable
minimize the impairment of a view due to the fact that the second story addition
does not create a view impairment from a neighboring property.Although the project
does impair a view of the Los Angeles Basin city lights from 26220 Birchfield, the
overall impairment would be less than 5% of the entire view and would not be a
significant impairment. Nonetheless, the home owner and applicant have worked
with the property owners of 26220 Birchfield to reduce any potential impacts. The
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property was lowered by 3'-0" in order to reduce the ridgeline. Furthermore, in
working with the property owners at 5348 Bayridge Road, although they do not have
a protected view above 16'..0", the applicant relocated a portion of the second story
to afford this property owner a view corridor in between homes.
F. The Height Variation is warranted since there is no significant cumulative view
impairment caused by granting the application. Cumulative view impairment shall
be determined by: (a) considering the amount of view impairment that would be
caused by the proposed new structure that is above sixteen feet in height or
addition to a structure that is above sixteen feet in height; and (b) considering the
amount of view impairment that would be caused by the construction on other
parcels if similar new structures or additions that exceed sixteen feet in height. The
proposed project, which exceeds the 16'-0""by-right" height limit, does not result in
significant view impairment to other properties within the neighborhood. However,
when considering cumulative view impairment, the City shall consider potential
future projects with similar heights and design on the four closest properties(5357,
5351, 5337, and 5329 Bayridge Rd.). As 5329 Bayridge is already a two-story
home, no further impairment can be created from this property. The property
owners at 26333 Silver Spur and 26220 Birchfield have views of the Los Angeles
Basin and distant, mountain views. Although view impairment was observed from
these two properties,the view impairment is not significant. Furthermore,cumulative
view impairment was not found from these two properties when considering a
similar project being constructed at 5357, 5351, or 5337 Bayridge Road. Given the
difference in topography, lot orientations and expansive views already observed
from these two properties, no cumulative view impairment would result from a
second story being constructed at the subject property and the three (3)
aforementioned properties.
G. The residence complies with the City's Development Code standards with regard to
setbacks, lot coverage and parking. The new residence would meet the required
20'-0"front and 5'-0"side yard setbacks, and would be well outside of the required
15'-0" rear yard setback. Additionally, lot coverage for the subject property would
include 4,894 square feet, or 44.7%of the 10,939 square foot pad lot.Therefore,as
the proposal complies with the standards set forth in the City's Development Code,
this finding can be made and adopted.
H. The proposed addition is compatible with the immediate neighborhood character in
terms of the scale of surrounding residences, architectural style and bulk and mass.
The proposed lot coverage and setbacks are consistent with those of the
surrounding properties. The architectural style of the proposed residence would
merge the design elements of the existing California bungalow style architecture
found within the immediate neighborhood, and typical of tract homes constructed in
the 1960's, with a more modern and contemporary architectural design.The
proposed facade treatments include a cement plaster siding, wood garage door,
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and wood and stone accents. A surveying of the 20 closest homes concluded that
the immediate neighborhood is comprised of stucco-finished residences with wood,
brick or stone accents. While the residences do not appear to use cement plaster
on the facades of the residence, the cement plaster bares a similar appearance to
smooth stucco finishes, which can be seen on surrounding homes. Similarly, the
overall scale of the proposed residence is within the range of home sizes within the
immediate neighborhood and the undulating facades and multiple roof lines reduce
potential bulk and mass impact.
The Height Variation is warranted since the new addition, as conditioned,would not
create an unreasonable infringement of the privacy of the occupants of abutting
residences. The applicant has designed the second story windows along the west
facing side facade to be clerestory windows to address potential privacy impacts to
the immediate neighbor located west of the subject property.While a majority of the
windows along the east facing façade do not create a privacy impact to the
immediate neighbor to the east, as they look into onto the neighbor's roof and front
yard, the window at the south end of the residence, along the east façade(near the
proposed "Craft Room") will create a privacy impact to the immediate neighbor to
the east. in order to address this impact, a condition of approval was added to the
project requiring these two windows to be fixed and translucent. Further, the
property owners at 5348 Bayridge Rd.expressed concern that the new second-story
windows would create a new privacy impact to the living room and master bedroom.
The Height Variation Guidelines give greater weight to protecting outdoor privacy,
given the options available for a home owner to limit visibility into their home.
Additionally, after visiting the 5348 Bayridge Rd., it was determined that the interior
of this existing home can currently be seen from motorists or pedestrians along the
public right-of-way, as well as the residences located across the street, on the north
side of Bayridge Road. The addition of second-story windows would not create a
new privacy impact due to the fact that views of streets or onto front yards across
the street is not protected as it is reasonable to assume that the public can see/view
another properties front yard from front windows.
Section 2: With regard to the Grading Permit:
A. The grading does not exceed that which is considered necessary for the permitted
primary use of the lot. Specifically, the underlying zoning district is single-family
residential and the property was previously graded to accommodate a new single-
family residence. The proposed grading (401 cubic yards of cut) and proposed
retaining walls allow the applicant the ability to expand their property and slightly
lower the overall height of the home to accommodate a new two-story residence.
B. The proposed grading does not significantly adversely affect the visual relationships
with nor the views from the viewing area of neighboring properties. The proposed
grading will occur beneath the proposed residence and retaining walls will be
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located along the side property lines of the residence and will not be easily visible
from the public right-of-way or neighboring properties.
C. The nature of the grading minimizes disturbances to the natural contours as the
applicant is proposing to lower the existing pad of the lot and no new finished
contours are proposed.
D. The grading takes into account the preservation of natural topographical features
and appearances by limited the grading to the existing pad area.The overall lot will
be lowered by 3'-0" and no new land sculpturing beyond the top of the slope is
proposed.
E. The grading would not cause excessive and unnecessary disturbance of the natural
landscape or wildlife habitat through removal of vegetation, as there is no evidence
of natural landscape or wildlife habitat on the property.
F. The grading conforms to the City's standards for grading on slopes, cut and fill and
finished slope contours. Specifically, the proposed grading would not occur on an
extreme slope (35%or greater), the proposed grading will not significantly alter the
contours of the lot, and no finished slopes that exceed 35% will be created.
Section 4: The Site Plan Review Permit can be approved as the proposed project
will comply with the required residential setback standards, lot coverage and the maximum
allowable heights as presented in the Development Code for the RS-5 zone. Specifically,
the project will meet the maximum allowable lot coverage of 52% (44.7% proposed), is
compatible with the neighborhood and the proposed setbacks far exceed the minimum
required setbacks for residential lots.
Section 5: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. Pursuant to Sections 17.02.040(C)(1)(g) of
the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in
writing, setting forth the grounds of the appeal and any specific actions requested by the
appellant, and accompanied by the appropriate appeal fee, no later than fifteen (15)days
following March 12, 2013, the date of the Planning Commission's final action.
Section 6: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings, the Planning
Commission of the City of Rancho Palos Verdes hereby conditionally approves a Height
Variation, Grading Permit and Site Plan Review(Planning Case No. ZON2012-00172)for
the demolition of the existing single-family residence and the construction of a new 4,75-
square foot residence and garage, 401 cubic yards of grading and two 42" tall retaining
walls along each side of the property located at 5345 Bayridge Road, subject to the
conditions of approval in the attached Exhibit 'A'.
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PASSED, APPROVED,AND ADOPTED this 12th day of March 2013, by the following vote:
AYES: Commissioners Nelson and Tomblin, ;and Chairman Emenhiser
NOES: Vice Chairman Leon
ABSTENTIONS: Commissioner Lewis
RECUSSALS: Commissioner Gerstner
ABSENT: Commissioner Tetreault
David menhiser
Chairman
*IN
Joel Rojas • cP
Commu ity ' -velop - Director
Secreta to ► e Plan • Commission
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EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
PLANNING CASE NO. ZON2012-00172
(Shiang, 5345 Bayridge)
General Conditions:
1. Prior to the submittal of plans into Building and Safety plan check,the applicant and
the property owner shall submit to the City a statement, in writing, that they have
read, understand and agree to all conditions of approval listed below. Failure to
provide said written statement within ninety (90) days following the date of this
approval shall render this approval null and void.
2. Prior to the submittal of plans into Building and Safety plan check, the applicant
shall obtain an encroachment permit from the Director of Public Works for any curb
cuts, dumpsters in the street or any other temporary or permanent improvements
within the public rights-of-way.
3. Approval of this permit shall not be construed as a waiver of applicable and
appropriate zoning regulations, or any Federal, State, County and/or City laws and
regulations. Unless otherwise expressly specified,all other requirements of the City
of Rancho Palos Verdes Municipal Code shall apply.
4. The project development on the site shall conform to the specific standards
contained in these conditions of approval or, if not addressed herein, shall conform
to the residential development standards of the City's Municipal Code, including but
not limited to height, setback and lot coverage standards.
5. Failure to comply with and adhere to all of these conditions of approval may
because to revoke the approval of the project pursuant to the revocation procedures
contained in Section 17.86.060 of the City's Municipal Code.
6. If the applicant has not submitted an application for a building permit for the
approved project or not commenced the approved project as described in Section
17.86.070 of the City's Municipal Code within one year of the final effective date of
the Notice of Decision, approval of the project shall expire and be of no further
effect unless, prior to expiration, a written request for extension is filed with the
Community Development Director and approved by the Director.
7. In the event that any of these conditions conflict with the recommendations and/or
requirements of another permitting agency or City department,the stricter standard
shall apply.
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8. Unless otherwise designated in these conditions, all construction shall be completed
in substantial conformance with the plans stamped APPROVED by the City with the
effective date of the Notice of Decision.
9. The construction site and adjacent public and private properties and streets shall be
kept free of all loose materials resembling trash and debris in excess of that
material used for immediate construction purposes. Such excess material may
include, but not be limited to: the accumulation of debris, garbage, lumber, scrap
metal, concrete asphalt, piles of earth, salvage materials, abandoned or discarded
furniture, appliances or other household fixtures.
10. Permitted hours and days for construction activity are 7:00 AM to 7:00 PM, Monday
through Saturday,with no construction activity permitted on Sundays or on the legal
holidays specified in Section 17.96.920 of the Rancho Palos Verdes Development
Code. Trucks shall not park, queue and/or idle at the project site or in the adjoining
public rights-of-way before 7:00 AM, Monday through Saturday, in accordance with
the permitted hours of construction stated in this condition.
11. Unless modified by the approval of future planning applications, the approved
project shall maintain a maximum of 52% lot coverage (44.7% proposed) and the
following setbacks from the applicable property lines:
Front 20 feet (20'-O"proposed)
Side East 5'feet (5'-6"proposed)
Side West 5 feet (5'-7"proposed)
Rear 15 feet (61'-5W proposed)
12. Maximum hardscape coverage within the 20-foot front-yard setback area shall not
exceed 50%.
13. A minimum 2-car garage shall be maintained, with each required parking space
being individually accessible and maintaining minimum unobstructed dimensions of
9 feet in width and 20 feet in depth, with a minimum of 7 feet of vertical clearance.
14. Exterior residential lighting shall be in compliance with the standards of Section
17.56.030 of the Rancho Palos Verdes Development Code. No outdoor lighting is
permitted where the light source is directed toward or results in direct illumination of
a parcel of property or properties other than that upon which such light source is
physically located.
15. All landscaping and construction activities shall exercise effective dust control
techniques, either through screening and/or watering.
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16. All construction sites shall be maintained in a secure, safe, neat and orderly
manner. Temporary portable bathrooms shall be provided on a construction site if
required by the City's Building Official. Said portable bathrooms shall be subject to
the approval of the City's Building Official and shall be placed in a location that will
minimize disturbance to the surrounding property owners.
17. All applicable permits required by the Building and Safety Division shall be obtained
by the applicant prior to the commencement of construction.
Height Variation Conditions:
18. This approval is for the demolition of an existing single story residence and the
construction of a new 4,345 square foot two-story residence and 395 square foot
attached garage. The overall square footage of the residence and garage will be
4,750. BUILDING AREA CERTIFICATION IS REQUIRED. A LICENSED CIVIL
ENGINEER OR SURVEYOR SHALL PREPARE THE CERTIFICATION.
CERTIFICATION SHALL BE SUBMITTED TO THE CITY'S BULDING OFFICIAL
FOR REVIEW AND APPROVAL PRIOR TO BULDING PERMIT FINAL.
19. The maximum ridgeline of the approved project will be 22'-5", as measured from the
lowest finished grade adjacent to the foundation of the structure (elev. 95.0')to the
highest ridgeline (elev. 117.4'), and 18'-9", as measured from the highest existing
grade covered by the structure(elev. 98.65')to the top of the highest ridgeline(elev.
117.4'). BUILDING HEIGHT CERTIFICATION REQUIRED.
20. All utility lines installed to serve the new residence shall be placed underground
from an existing power pole or other point of connect off-site.
Grading Permit Conditions
21. This approval allows a maximum of 401 cubic yards of grading to be located at
the rear and along the west side of the residence.
27. The following retaining walls are permitted:
a. A 3'-6" tall downslope retaining wall along the east side property line; and,
b. A 3'-6" tall downslope retaining wall along the west side property line.
Public Works Conditions
28. All work in the public right-of-way requires an approved encroachment permit issued
by the Department of Public Works, prior to the start of work in the public right-of-
way.
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29. If the property owner intends to use a debris dumpster in conjunction with an open
Building Permit,the dumpster provider must be an approved vendor, as listed in the
Public Works Department.
30. For the existing driveway approach that will be removed, the applicant is required to
replace the curb, gutter and parkway area to a condition that is consistent with the
surrounding improvements, including, but not limited to, grass or sod.
31. If the existing mailbox is relocated, the replacement of the mailbox must have at
least 24" of clearance between east edge of the new driveway apron and the
existing street light.
32. The staging of equipment and/or material in the public right-of-way is prohibited
without prior approval from the Public Works Department.
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